09 September 2012

Last year a private complaint was filed against a Kanpur-based cartoonist, Aseem Trivedi, on the basis of that complaint Mumbai police arrested Assem.

The complainant, Amit Katarnavea, a lawyer and a member of the Republican Party of India, had alleged that Mr. Trivedi had put up banners, mocking the Indian constitution, during Anna Hazare's anti-graft rally held last year at the Bandra Kurla Complex in Mumbai.

Hindu reported Police lodged an FIR against Mr. Trivedi on the basis of a December 30, 2011 complaint by social activist and law student Amit Arvind Katarnaware.

Trivedi was arrested when he surrendered on Saturday night at the Bandra Kurla Complex police station in Mumbai.

Cartoonist Aseem Trivedi was on Saturday arrested by Mumbai Police for posting Cartoons on his web portal and he was produced in a Bandra court later in the day following which he was sent to police custody till September 16.

Aseem Trivedi is charged with sedition under Section 124 A of the Indian Penal Code. It is a non-bailable offence.
He is also charged under the IT Act and the 1971 National Emblem Act.
violation of section 66A of the Information Technology (Amendment) Act, 2008, and the Prevention of Insults of National Honour Act, 1971.

The cartoons by Trivedi reportedly depicted Parliament as a commode and showed the national emblem with wolves instead of lions.

The police have asked the National Broadcasters Association to restrict the broadcast of the cartoons.

The Virginia, US-based Cartoonists Rights Network International have named him the 2012 recipient of their 'Courage in Editorial Cartooning Award'.
He is sharing the award with Syrian cartoonist Ali Ferzat who was abducted and badly beaten by the Syrian regime in August last year.
He was scheduled to visit Syria to collect the 2012 Courage in Editorial cartooning award.
He was scheduled to fly on September 12.
Now he will have to spend his time in Police Custody.

Trivedi told to media "If telling the truth makes one a traitor, then I am happy. Likewise even Gandhi, Bhagat Singh are traitors. If while doing service to the nation I am booked under sedition, I will continue to do so and get arrested.

Doing corruption is not a sedition crime, but talking about and drawing a cartoon about corruption is a sedition crime as per police knowledge under Indian Penal Code (IPC)

know about Section 124A. Sedition

1124A. Sedition.— Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards. 2[* * *] the Government established by law in 3[India], 4[* * *] shall be punished with 5[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation 1
The expression “disaffection” includes disloyalty and all feelings of enmity.

Explanation 2
Comments expressing disapprobation of the meas­ures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation 3
Comments expressing disapprobation of the admin­istrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

COMMENTS
Sedition: meaning

The offence of sedition under section 124A is the doing of cer­tain acts which would bring the Government established by law in India into hatred or contempt, or create disaffection against it; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) Supreme Today 127.

1. Subs. by Act 4 of 1898, sec. 4, for section 124A which had been ins. by Act 27 of 1870, sec. 5.

2. The words “Her Majesty or” omitted by the A.O. 1950. The words “or the Crown Representative ins. after the word “Majesty” by the A.O. 1937 were omitted by the A.O. 1948.

3. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

4 The words “or British Burma” ins. by the A.O. 1937 omitted by the A.O. 1948.

5. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life or any shorter term” (w.e.f. 1-1-1956).

Read and Understand Section 66 A Information Technology Act
*[ 66A. Punishment for sending offensive messages through communication service, etc..- Any person who sends, by means of a computer resource or a communication device,-

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages

shall be punishable with imprisonment for a term which may extend to tthree years and with fine.

Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.